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Published on Friday, February 15, 2013

Allowing failure to buckle up to be admissible in civil actions

Currently, in a civil proceeding, failing to buckle up is not considered negligence by a driver. SB 5574 would change that by allowing the violation of any seat belt law, including failure to properly restrain a child under the age of 16, to be admissible in civil actions taken against the driver.

Various laws relate to seat belts and restraining children. Children under the age of 13 must ride in the back seat, and those under the age of eight must be in a child restraint system. So, for example, if a parent and an improperly restrained child got into a collision and the child was injured, the parent driving that car could be civilly liable for not properly buckling up their child. Additionally, this would apply to injuries sustained if a person’s car was hit, but that person was not wearing a seat belt, this information would now be admissible in court proceedings.

Categories: Law & justice